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Approved EO 4 Specifications

Food Service and Wrappers wide range of product options available and the benefits Covered Products and drawbacks associated with each. In order to significantly reduce the amount of waste generated from single-use Containers and wrappers used to serve food, including but containers, food service operators need to determine the not limited to plates, bowls, hot and cold cups (including types of food service products which best suit the needs portion cups, and insulating sleeves); sandwich or other of their customers while creating the least impact on the types of food wrappers made of , aluminum or other environment and public health. materials; food trays and liners; and food take-out containers with hinges, folding closures, or lids (e.g., clamshells, , Reusable Containers and soup containers). The specification does not Reusable food service containers such as ceramic containers or wrappers used at food processing locations, plates, mugs, and bowls, cups are almost always more or used to ship food to retail or service locations. The environmentally desirable than single-use containers. specification does include requirements and desirable Reuse maintains the integrity of the original product, and attributes for packaging used to ship empty food service therefore retains the embedded energy and value of containers to food service locations. the materials used, resulting in significant environmental benefits. Life cycle analyses reveal that when materials Goal extraction, fabrication, transport, distribution and disposal are all considered, reusable food service containers have The goal of this guidance document is to increase significantly less environmental impacts than single-use food sustainable practices in the State of New York’s food service ware, including energy use and air pollution. service operations by encouraging the purchase and use of reusable food service containers and establishing minimum Compostable Containers specifications for single-use food service containers and If reusable containers are not an option, or the washing of wrappers. The specification establishes a hierarchy of reusable food service containers is not possible, and the environmentally desirable attributes as follows: reusable; use of disposable containers or packaging is unavoidable, compostable in a commercial or municipal facility; easily certified, commercially compostable materials that do not recyclable; and made with a minimum percentage of post- contain PFCs should be used. Compostable materials are the consumer recycled content or sustainably harvested content. best choice for single-use food service products because In addition, all covered products purchased by affected composting is the easiest way for food service operators to entities, offered by preferred sources, or on State contract divert left over food away from landfills. Users don’t need shall not contain perfluorinated chemicals (PFCs) (as defined to sort food containers into a different bin apart from food, in this specification), or polystyrene. and food left on containers or wrappers does not present a contamination problem, as it does for . For this Background reason, the use of compostable food service ware can lead to greater food waste diversion than recyclable ware. Due to the tremendous amount of waste generated from According to the U.S. Environmental Protection Agency, food disposable food containers and wrappers and the cost of waste is the largest category of municipal solid waste sent disposal, cafeterias and other food service operations are to landfills in the United States, accounting for approximately beginning to convert to more environmentally desirable 22% of the waste stream. More than 38 million tons of food food service products. This transition is complicated by the waste are sent to landfills in the U.S. each year. 1 Diverting food waste from landfills conserves limited landfill Food service containers made with polystyrene (plastic resin space and helps to reduce greenhouse gas emissions. Food #6) (including expanded polystyrene or “foam,” sometimes scraps that decompose in landfills in the absence of air break referred to as “Styrofoam”) should be avoided. The National down into methane, a potent greenhouse gas. Composting Toxicology Program concluded in 2011 that styrene is food waste avoids the production of methane and produces “reasonably anticipated to be a human carcinogen” (Report a natural soil amendment, which can create healthier soil and on Carcinogens, Twelfth Edition). A primary use of styrene is reduce the need for synthetic fertilizers. in the manufacture of polystyrene, which is used extensively Before selecting compostable containers or wrappers, to make plastic packaging and disposable food containers. affected entities should check to make sure that a system The National Academy of Sciences states that: “[s]ources for diversion to composting (or a comparable alternative of environmental exposure includ[e] food (from migration of treatment technology such as anaerobic digestion), is in styrene from polymer packaging materials)” (Review of the place at the facility in which they will be used. As established Styrene Assessment in the National Toxicology Program 12th in the EO 4 specification for Solid Waste Recycling and Report on Carcinogens, 2014). Polystyrene is very slow to Management Services, affected entities are encouraged degrade, and foam waste in particular is abundant in , to seek out and contract with vendors particularly along shores and waterways and in the ocean. that offer composting services or other organics recycling There are currently only two facilities that recycle expanded technologies acceptable to the Department of Environmental polystyrene foam in New York State. Conservation, and will accept food and compostable food Recycled and Sustainably Harvested Content service containers and wrappers (see https://www.ogs. In addition to the considerations discussed above, a number ny.gov/purchase/snt/awardnotes/7901322760can.HTM). of compostable and recyclable food service containers and Affected entities are also encouraged to use the Organic wrappers have recycled and sustainably harvested content, Resource Locator, a web-based mapping tool developed making them the best choices within their category. Where by the New York State Pollution Prevention Institute, to the use of disposable containers or wrappers is unavoidable, locate options for diverting organic resources in New York and neither compostable nor recyclable containers or State (see https://www.rit.edu/affiliate/nysp2i/food/organic- wrappers are cost competitive or meet , function resource-locator). and utility requirements, affected entities are encouraged to purchase products that have recycled or sustainably Recyclable Containers harvested content, or both. For example: If reusable and compostable food service ware is not an option, or there is no system in place to compost or • A number of paper products (notably folded take-out alternatively treat compostable products, containers that containers, coffee cups, and paper plates) are made can be easily recycled should be selected. Potentially with recycled content, including post-consumer recycled recyclable products include plastic cups, paper cups that content. Those with the highest level of post-consumer are uncoated or coated with PLA or wax, takeout recycled content are best. containers, aluminum foil, hot cup sleeves, and tray liners • Some cold cups, clear bowls and takeout containers are (as long as they are not heavily contaminated with food). made with post-consumer recycled-content PET plastic. Recycling diverts material from landfills and trash incinerators • Some molded fiber and paper products are certified by and makes it available to be converted into other products. the Forest Stewardship Council (FSC) or Sustainable Manufacturing products from recyclable material often uses Forestry Initiative (SFI), which means they are made with less energy and water than making them from virgin (i.e., sustainably harvested bio-based materials. nonrecycled) material. Perfluorinated Chemicals in Food Service Containers and Food service operators should determine what types of Wrappers products are accepted by their local recyclers before Single-use food service containers and wrappers can contain purchasing potentially recyclable products. Plastic containers perfluorinated chemicals (PFCs) (see definition below). PFCs are usually made from a specific type of plastic resin and are widely used to make everyday products more resistant to some plastic resins are more readily recyclable than others. stains, grease and water. Easily recyclable plastic products may include cold cups, lids, Most of the science on the health risks associated with long- and take-out containers made from PET (#1) or term human exposure to PFCs focuses on two chemicals – (#5). It is important to note that recyclers may not accept perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic recyclable food service containers or wrappers that are acid (PFOS) – that were used for decades to manufacture heavily soiled with food. In addition, paper food service hundreds of different products before studies indicated that containers lined with plastic are generally not exposure to them over certain levels may result in adverse considered recyclable. health effects. 2 In 2006, the U.S. Environmental Protection Agency (EPA) drinking water. The short-chain replacements launched its PFOA Stewardship Program, under which major may be regrettable substitutes for PFOA and manufacturers phased out the use of certain long-chain PFCs PFOS. If environmental exposures to short-chain of concern. In 2011, the major manufacturers of PFCs used in PFAS are found to pose health risks to people or food containers voluntarily ceased their use of certain long- the environment, mitigation will be difficult and chain chemicals. In a series of actions between 2010 and expensive.” 2016, the U.S. Food and Drug Administration (FDA) revoked its previous approval of long-chain PFCs for food contact Avoiding the use of PFCs in food service containers and use. To replace these chemicals, manufacturers developed packaging can help to reduce human exposure and potential short-chain alternatives, which are used make molded fiber sources of PFCs in the environment. plates, bowls and clamshells, as well as some food wrappers and take-out containers, less prone to leaking. A number of Definitions short-chain PFCs are currently approved by the FDA for food contact use. Bagasse – is a fibrous, pulpy material that remains after sugar is extracted from sugarcane. It is often molded into Research into the human health risks associated with both food service products such as compostable plates, bowls long- and short-chain PFCs is ongoing. According to a July and takeout containers. Because it can insulate food, it can 2016 fact sheet issued by the National Institutes of Health replace expanded polystyrene foam. Unfortunately, many (NIH), the concerns driving continued study of PFCs as a bagasse food service products have been found to contain class include widespread exposure to humans, persistence in PFCs. the environment, observed toxicity of certain PFCs in animals (such as PFOA and PFOS), and “insufficient information to Bio-based Materials – means plant-derived materials that are properly assess human health risk across the entire structural commonly used to make single-use food service containers class.” According to the NIH’s Substances of Concern and wrappers. These include (but are not limited to): Database (as of April 13, 2018), • Wood cellulose, used to make conventional paper plates, “shorter chain PFCs (those with four to six carbons) bowls and cups, including both recycled and virgin paper. are considered to be less toxic than longer chain • Fiber crops such as hemp and flax. PFCs, however, there is limited toxicological data • Bamboo, silver grass (i.e., miscanthus) and other grasses. on shorter chain PFCs and, since they are similarly • Agricultural waste such as bagasse (sugarcane waste) as structured and could therefore have similar well as wheat and rice straw. properties, using these as alternatives to their longer • Materials derived from agricultural products (such as chain counterparts could result in a regrettable corn starch) that are turned into polylactic acid (PLA), a substitution.” compostable clear plastic material used to make cold cups and other food service ware, and to coat paper and The NIH’s recommended reduction strategies include other fiber-based products. “selecting products and materials that do not contain PFCs,” for example, “choosing . . . made without Bioplastic – is any plastic derived from plant-based materials PFCs.” that can replace traditional plastics derived from petroleum.

The Washington State Departments of Ecology and Health Compostable – means all the materials in a product or released an Interim Action Plan for Per- and Polyfluorinated package are capable of undergoing biological decomposition Alkyl Substances in April 2018 that summarizes the latest in an appropriate (i.e. commercial or municipal) compost science concerning the safety of this major class of PFCs: facility as part of an available program in a safe and timely “Some short-chain PFAS appear to be less manner (no more than 180 days), such that the material is bioaccumulative in people than long-chain not visually distinguishable and breaks down into carbon compounds, but publicly available data on their dioxide, water, inorganic compounds, and biomass suitable hazards is limited to a few compounds. Like long- for use as a soil amendment (e.g., compost, soil-conditioning chain PFAS, many of the short-chain substances material, mulch), leaving no toxic residue. To be considered a are extremely persistent or degrade into extremely compostable product under this specification, a product must persistent forms. Short-chain PFAS also tend to be be certified by the Biodegradable Products Institute (BPI) more water soluble and more mobile than the long- or an equivalent certifier, or be on the Cedar Grove list of chain substances. This means they can move more Commercially Accepted Items (or a comparable list created easily through soil to contaminate groundwater by another member of the Compost Manufacturing Alliance), or surface water, and are harder to filter out of and must not contain PFCs. 3 Perfluorinated Chemical (PFC) – means any perfluorinated Recyclable Material – means any material that can be or polyfluorinated chemical, including but not limited to long- used as an ingredient in a manufacturing process to create and short-chain per- or polyfluorinated alkyl compounds another product. (PFASs), fluorinated sulfonate compounds, fluorinated polyethers, and fluorinated polymers. Total Recycled Content (TRC) – means total combined post- consumer and pre-consumer recycled content. Molded Fiber – means bagasse, wheat straw, recycled paper and other types of fibrous materials that are put into a Standard Setting and Certifying Programs pulping device and formed into various types of food service products such as plates, bowls and takeout containers. Some ASTM International (American Society for Testing Materials) molded fiber products are certified as compostable by the – One of the largest voluntary standards development Biodegradable Products Institute or appear on other lists of organizations in the world, ASTM is a trusted source for approved compostable food service products. Unfortunately, technical standards for materials, products, systems, and many molded fiber food service products have been found to services known for their high technical quality and market contain PFCs. relevancy. ASTM International standards play an important role in the information infrastructure that guides design, Polylactic Acid (PLA) – is a clear bioplastic that resembles manufacturing and trade in the global economy. common petrochemical-based plastics such as polyethylene and polypropylene. PLA food service products are ASTM D6400 – Standard Specification for Compostable sometimes labeled with the #7 plastic resin recycling symbol. Plastics. This specification establishes requirements for labeling of materials and products, including food service Post-Consumer Recycled Content (PCRC) – means only products made from , as “compostable in those products, packages or materials generated by a municipal and industrial composting facilities.” The properties business or consumer which have served their intended end in this specification are those required to determine if use as consumer items, and which have been separated or plastics and products made from plastics will compost diverted from the waste stream for the purposes of collection satisfactorily, including biodegrading at a rate comparable and recycling as a secondary material feedstock, but shall to known compostable materials. Further, the properties in not include waste material generated by the manufacturer or the specification are required to assure that the degradation converter during or after the completion of a manufacturing of these materials will not diminish the value or utility of the or converting process. compost resulting from the composting process. ASTM D6868 – Standard Specification for Biodegradable Polystyrene – means all forms of the plastic resin polystyrene Plastics Used as on Paper and Other Compostable (#6), including expanded polystyrene or “foam,” sometimes Substrates. This specification establishes requirements for referred to as “Styrofoam.” labeling of materials and products (including packaging), Pre-Consumer Recycled Content – means materials, by- wherein a biodegradable or is attached products or fibrous waste generated after the completion (either through or extrusion directly onto the of a or manufacturing process, which have paper) to compostable substrates and the entire product not reached a business or consumer for an intended end or package is designed to be composted in municipal and use and have been recovered or diverted from the waste industrial aerobic composting facilities. The properties stream, including but not limited to industrial scrap material; in this specification are those required to determine if overstock, obsolete inventories, or rejected unused stock products will compost satisfactorily, including biodegrading from distributors, wholesalers, and other companies; at a rate comparable to known compostable materials. It cuttings; bindery trimmings; waste; cutting does not, however, specify the contents of the product and other converting waste; butt rolls and mill wrappers. or their performance with regards to compostability or Such term does not include materials, by-products, or fibrous biodegradability. In order to compost satisfactorily, the waste generated from, and commonly reused within, an product must demonstrate each of the three characteristics original manufacturing process, such as fibers recovered as follows: (1) proper disintegration during composting; from wastewater or trimmings of rolls (mill (2) adequate level of inherent ; and (3) no broke) regardless of whether such materials are used by the adverse impacts on the value or utility of composts to same or another company; fibrous by-products of harvesting, support plant growth. extractive, or woodcutting processes; forest residues such as Biodegradable Products Institute (BPI) – A professional bark; or on-site converting waste. On-site converting waste membership association of key individuals and groups from can be claimed as recycled material if the manufacturer or government, industry and academia, which promotes the advertiser can substantiate that the material would otherwise use of—and certifies—a wide array of compostable products have entered the solid waste stream. 4 including, but not limited to food service ware. The BPI will their waste to a municipal or commercial composting certify any materials or products which can be demonstrated facility. (via scientifically proven techniques) to be completely NOTE: If a biobased is manufactured with a biodegradable in municipal or commercial aerobic polyethylene-coated material, it is not compostable, and composting facilities. therefore does not meet the intent of this specification. Specifications 4. Purchase Recyclable Food Service Containers Where municipal or commercial composting facilities, or 1. Avoid Chemicals of Concern compostable food service products, are not available, Where such products are cost competitive and meet form, affected entities shall, to the maximum extent practicable, function and utility requirements, affected entities shall, to purchase single-use food containers and wrappers that the maximum extent practicable, purchase food service meet one of the following attributes, where such products containers and wrappers which contain no intentionally are cost competitive and meet form, function and utility added perfluorinated chemicals or polystyrene. requirements: Affected entities are encouraged to purchase food service • Be made of one of the following types of easily containers and wrappers which contain no intentionally recyclable plastic materials and labeled with a visually added chemicals known to the State of California to cause legible Resin Identify Code (i.e., chasing arrow and cancer or reproductive toxicity and are listed pursuant number): to the Safe Drinking Water and Toxic Enforcement Act • PET plastic (#1) of 1986 (CA Proposition 65). Chemicals listed under CA Proposition 65 which may be found in food service • Polypropylene plastic (#5); or containers and wrappers include polyvinyl chloride, • Be made of uncoated plain or corrugated paper, paper vinylidene chloride, bisphenols and phthalates. coated with wax or lined with PLA, or aluminum foil. 2. Minimize the Purchase of Single-Use Food Containers Before purchasing recyclable food service products, affected entities are strongly encouraged to confirm with Where such products are cost competitive and meet form, their waste hauler, municipal solid waste management function and utility requirements, affected entities shall, agency, or other authoritative source whether the type of to the maximum extent practicable, purchase and utilize materials contained in the product are both accepted for reusable food service containers, including, but not limited recycling and are actually recycled. to, ceramic plates, bowls and mugs. 5. Purchase Food Service Containers with Recycled 3. Purchase Compostable Single-Use Food Service or Sustainably Harvested Content and Other Containers and Wrappers Environmental Attributes If the purchase of single-use food service containers or Affected entities are encouraged to purchase food service wrappers cannot be avoided, affected entities shall, to the containers and wrappers with one or more of the following maximum extent practicable, purchase single-use food types of recycled or sustainably harvested content or containers and wrappers that meet one of the following environmental attributes: attributes, where such products are cost competitive, meet form, function and utility requirements, and will be • Paper with 10% or more post-consumer recycled managed in a municipal or commercial composting facility: content, which can be found, for example, in some brands of folded take-out containers, coffee cups and • Are certified by the Biodegradable Products Institute paper plates; or (BPI) per ASTM D6400 or D6868 and labeled “Compostable” (BPI-certified products can be accessed • PET plastic with 20% or more post-consumer recycled at http://products.bpiworld.org/); or content, which can be found, for example, in some brands of clear cold cups, lids and takeout containers; • Appear on the list of Commercially Accepted Items or developed by the Cedar Grove composting facility in Washington State (this list can be accessed at http:// • Materials certified by the Forest Stewardship Council cedar-grove.com/compostable/accepted-items), or (FSC) or Sustainable Forestry Initiative (SFI) as a comparable list created by another member of the sustainably harvested; or Compost Manufacturing Alliance. • Paper products manufactured entirely with chlorine- Affected entities are encouraged not to purchase free processing, meaning that no chlorine or chlorine compostable products for use in facilities that do not send compounds were used in the manufacture of the 5 products; or • The use of . • Inks for printing and graphics that are vegetable- • The use of innovative packaging that reduces the based and approved for use by U.S. Food and Drug weight of packaging, reduces , or Administration, where such approval is required. utilizes packaging that is a component of the product. • That all packaging remain the property of the supplier Verification of Third-Party Certification and not become the property of the affected state and Compliance With this Specification entity under any circumstance or condition. The vendor shall certify that the packaging material will Affected entities should ask bidders or vendors to declare be reused, recycled, or composted, and managed in in the bid sheet (or other appropriate documentation) the compliance with applicable local, state, and federal following information about each product in its offering. laws. • For all products: • Packaging that maximizes recycled content and/or meets • Any certifications the product has earned. or exceeds the minimum post-consumer content level for packaging in the U.S. Environmental Protection Agency • The name of any chemical known to the State Comprehensive Procurement Guidelines. of California to cause cancer or reproductive toxicity and is listed pursuant to the Safe Drinking • Packaging that is recyclable or compostable. Water and Toxic Enforcement Act of 1986 which was intentionally added to the product during its manufacture. • For all compostable products, where applicable: • That the product appears on the list of Commercially Accepted Items developed by the Cedar Grove composting facility in Washington State or a comparable list created by another member of the Compost Manufacturing Alliance. • For compostable plates, bowls, cups, clamshells (or other food take-out containers) made of molded fiber, or wrappers or take-out containers made of paper or other types of fiber: Whether or not perfluorinated chemicals (PFCs) were intentionally added to the product during its manufacture. • For products made with recycled material: The percentage of total recycled content and post- consumer recycled content in the product. Packaging Packaging shall comply with Environmental Conservation Law section 37-0205. Packaging shall not contain inks, dyes, pigments, , stabilizers, or any other additives to which any lead, cadmium, mercury or hexavalent chromium is intentionally added or contain incidental concentrations of lead, cadmium, mercury or hexavalent chromium which together are greater than 100 parts per million by weight (0.01%). New York State encourages affected entities to adopt the following: • The use of bulk packaging. 6